Judgment No. 34607 of 2023: Recognition of Foreign Judgments and Criminal Law Effects

Judgment No. 34607 of May 25, 2023, issued by the Court of Cassation, addresses a matter of particular relevance in Italian criminal law: the recognition of foreign judgments and their effects on criminal records. This ruling is part of a complex legal context and deserves in-depth analysis to understand its practical and theoretical implications.

Context of the Judgment

The case examined by the Court concerns the defendant C. R., who had requested the deletion of certain entries from her criminal record certificate. These entries referred to foreign judgments recognized pursuant to Article 12 of the Criminal Code. The central issue was whether such judgments, despite being recognized, could be considered non-enforceable for the purpose of the deletion request.

Principles Elaborated by the Court

Recognized foreign judgment - Recidivism and criminal law effects - Current relevance - Exclusion - Mere possibility - Basis. A foreign judgment, recognized pursuant to Article 12 of the Criminal Code for the purpose of establishing recidivism or another criminal law effect, cannot be considered a non-enforceable measure for the purpose of requesting deletion from the criminal record certificate, pursuant to Article 5 of Presidential Decree of November 14, 2002, No. 313, on the assumption that it was not considered in a specific national criminal proceeding, given that recognition presupposes the mere possibility of producing criminal law effects and not their current relevance. (See: No. 3715 of 1984, Rv. 167232-01).

The Court clarified that the recognition of a foreign judgment does not necessarily imply its current relevance within the national criminal context. In fact, recognition presupposes a mere possibility of criminal law effects, without requiring these effects to be current. This principle aligns with Article 5 of Presidential Decree of November 14, 2002, No. 313, which governs the procedures for deleting entries from criminal records.

Practical Implications

The consequences of this judgment are manifold and concern both defendants and legal professionals. Key points to consider include:

• The need to carefully evaluate foreign judgments in the context of deletion requests.
• The awareness that recognition does not exclude the possibility of criminal law effects, even if not immediately current.
• The reference to previous case law, which confirms the Court's position on the matter.

In summary, Judgment No. 34607 of 2023 represents a significant step forward in clarifying the rules regarding the recognition of foreign judgments and their effects within the Italian legal system. The Court of Cassation has provided clear guidance that may influence future decisions concerning criminal records.

Conclusions

This ruling highlights the importance of an integrated approach in handling foreign judgments and their criminal law effects. Legal practitioners should pay particular attention to these regulatory and jurisprudential developments to ensure the correct application of laws and adequate protection of the rights of the individuals involved.